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Lawyers Argue Over Porn In Westerfield Trial

Attorneys for the man accused of kidnapping and killing 7- year-old Danielle van Dam want child pornography allegedly seized from their client´s home to be kept out of his upcoming trial. In motions unsealed in San Diego yesterday, lawyers for David Westerfield argue that the material is irrelevant to the charges he faces, and its offensive nature would prejudice a jury.

But prosecutors argue that the pornography offers “strong evidence” of Westerfield´s motive to “kidnap, sexually abuse and ultimately murder” Danielle. 50-year-old Westerfield, who lives two doors away from the victim, has pleaded innocent to kidnapping, murder and child pornography charges. Prosecutors have linked Westerfield to the crime, saying they found Danielle´s blood on Westerfield´s jacket. They also say that pictures, cartoons and digital images on discs found in Westerfield´s garage show underage females in sexual acts, in bondage and, in one case, crying for help. A pretrial hearing is scheduled to begin today, and a trial is scheduled to begin May 17th.